To: | Invicta Watch Company of America, Inc. (bnatter@haugpartners.com) |
Subject: | U.S. Trademark Application Serial No. 90373875 - ACTIVA - A199-169.2 |
Sent: | May 17, 2021 05:52:47 PM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90373875
Mark: ACTIVA
|
|
Correspondence Address:
|
|
Applicant: Invicta Watch Company of America, Inc.
|
|
Reference/Docket No. A199-169.2
Correspondence Email Address: |
|
NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: May 17, 2021
How to respond. Click to file a response to this nonfinal Office action.
* * * * *
SEARCH OF USPTO DATABASE OF MARKS (Advisory)
Applicant must respond to the requirement(s) set forth below.
IDENTIFICATION AND CLASSIFICATION
Applicant has provided the following identification and classification of goods and/ or services in its application:
Class 28: Paddleboards; Paddleboard fins; Stand-up paddleboard carrying straps sold as a unit with the paddleboard; Deck grips for sports equipment boards, namely, paddleboards; Traction pads for sports equipment boards, namely, paddleboards; Inflatable pool toys; Inflatable inner tubes for aquatic recreational use; Inflatable float mattresses or pads for recreational use; Inflatable beach balls; Pool and beach floatation devices and boards; Water wings
The wording shown above in bolded text in the identification of goods is unacceptable as indefinite because it is too broad and could include goods in other international classes, specifically, "Pool and beach floatation devices and boards" must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. For instance, “pool and beach floatation devices and boards” could include the following: inflatable pool and beach flotation devices for protection and safety purposes in class 9; pool and beach flotation noodles for water recreation purposes in class 28.
Applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Applicant may adopt the following identification, if accurate:
Amendment of Classification Advisory:
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MULTIPLE – CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
CLOSING
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707. Informal communications may not be used to request advisory opinions as to the likelihood of overcoming a substantive refusal. The applicant should file a formal response for consideration of arguments regarding any substantive refusal. TMEP §709.05.
For general questions and status inquiries, please contact the Trademark Assistance Center at (800) 786-9199.
/Benji Paradewelai/
Trademark Attorney
Law Office 101, USPTO
Direct Dial: (571) 272-1658
Email: benji.paradewelai@uspto.gov (for informal inquiries)
http://www.uspto.gov (for filing Official responses)
---
RESPONSE GUIDANCE